How Does Intestate Probate Work in Florida? 

Whether you have recently lost a loved one or you are gathering information about probate as you prepare your estate plan, understanding how intestate probate works in Florida can help you make informed decisions. 

What is Probate? 

The best place to start when looking for answers about intestate probate is to first have a foundational understanding of probate in Florida. Probate is the legal process that a deceased person's property must go through in order to be distributed to heirs and beneficiaries. Not all estates are required to go through probate, and there are various reasons that this may be the case. However, if an estate goes through probate, it will fall into one of the following two categories: 

• Testate
• Intestate

Testate v. Intestate Probate in Florida

During the probate process, the person who has passed away will be referred to as the decedent. If the decedent had a valid will, their estate will be considered testate. Intestate probate refers to the probate process that occurs when no valid will exists. 

Florida Law on Intestate Estates

When someone passes away, their assets and debts make up their estate. There are different estate processes, depending on whether the person who passed away had a will or not. Florida Probate Code Section 732.101 defines an intestate estate as any part of the deceased person's estate that is not included in the will. The assets that are part of the intestate estate pass to heirs based on Florida intestate succession laws, meaning that state law dictates who inherits what, and the deceased person does not have control over how the property is handled after their death. 

Succession Laws for Florida Intestate Probate

Decedents who did not have a valid will or trust at the time of their death will not be able to designate who their beneficiaries are. There are some exceptions to this, for example:

• Financial accounts with designated beneficiaries or co-owners
• Real property with enhanced life estate deeds or jointly owned with a right of survivorship 

In most cases, estates where no valid will exists will pass through probate according to Florida's intestate succession laws. According to the state's statutes, property will be inherited by heirs in a specific order, as follows:

• The surviving spouse inherits all the decedent's property if there are no children
• If there are children, the property will be divided between the surviving spouse and children
• If the decedent had no spouse and no children at the time of death, their parents inherit
• In situations where none of the above people can inherit, siblings of the decedent are next in line

Family dynamics can be incredibly complicated, such as when there are children from previous marriages. Distributing property in intestate probate is often a complicated process. Working with a probate attorney is highly recommended if you want to ensure compliance with Florida laws and protect your interests during this difficult time. 

Contact an Experienced Florida Probate Attorney

TCB Legacy Law is committed to helping our clients navigate probate with as much ease as possible. To schedule your consultation, contact our office at 954-302-8989 or through our website at Contact Attorney Andre M. Dorval.